The reform of cheques and bank accounts in Tunisia amends several articles of the Commercial Code (410, 410 bis, 410 ter, 410 quater, 410 quinquies, 410 sexies, 411, 411 quinquies, 411 septies, 412 and 732). All banks must open a current account for any customer who requests one, and check their solvency with the Central Bank before issuing cheques, in order to prevent bounced cheques. Cheque books are now capped at 30,000 dinars and must indicate the maximum value of each sheet with a minimum validity of six months. Cheques for 5,000 dinars or less are not an offence if there are no funds, and banks must honour them after seven days if the electronic platform is not available.
A new digital platform managed by the Central Bank facilitates the management of cheques, making it possible to instantly verify the funds, reserve the amount and notify the beneficiary of the transaction. In the event of an NSF cheque, the bank must note the date of presentation, pay in or reserve the funds and, if the drawer fails to rectify the situation, issue a certificate of non-payment, which will result in a ban on issuing any further cheques, except for direct withdrawal. Penalties for bounced cheques over 5,000 dinars include two years’ imprisonment and a fine of 20% of the amount, with specific measures for banks. For cheques under 5,000 dinars, the penalty is two years’ imprisonment and a fine of 10,000 dinars. Additional penalties apply to fraud involving interest-bearing financing, while cumulative penalties may be reduced and banks must allocate at least 8% of their annual profits to interest-free microloans.
Criminal proceedings can only be brought on a complaint from the beneficiary, and mediation by the public prosecutor is mandatory before any public action is taken. Conciliation agreements include payment terms and deadlines (≤ 9 months) and may allow for the lifting of the cheque-issuing ban. Customers benefit from advantages such as reduced interest on long-term loans, honorary microcredits and limited bank charges. Transitional measures make it possible to suspend prosecution or enforcement of sentences for previous cases, subject to deferred payment or partial guarantees. Finally, account closure is regulated: it can take place at the end of the contract, on request with prior notice, or automatically in the event of prolonged inactivity, death, bankruptcy or liquidation, with precise rules for the return of credit balances.